South Carolina Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in South Carolina: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in South Carolina, consult a licensed South Carolina criminal defense attorney.

South Carolina Illegal Weapons Possession Penalties

OffensePenalty
First OffenseFelony: up to 5 years (felon in possession)
Second OffenseFelony: up to 10 years (prior violent conviction)

SC Code §16-23-30; possession by person convicted of violent crime

Illegal Weapons Possession Statute of Limitations in South Carolina

In South Carolina, the general statute of limitations for a felony is None (no general SOL for felonies) and for a misdemeanor is 2 years.

See all South Carolina statutes of limitations →

Defending Against Illegal Weapons Possession Charges in South Carolina

Common defenses in South Carolina illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Carolina criminal defense attorney for advice.

Related South Carolina Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication